In Re Kendall Merlo Appeal from Probate Court No. 2 of Dallas County (memorandum opinion)

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DENY and Opinion Filed August 9, 2022 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-22-00645-CV IN RE KENDALL MERLO, Relator Original Proceeding from the Probate Court No. 2 Dallas County, Texas Trial Court Cause No. PR-18-03799-2 MEMORANDUM OPINION Before Justices Molberg, Pedersen, III, and Garcia Opinion by Justice Garcia In this original proceeding, relator Kendall Merlo asks this Court for a petition for writ of mandamus ordering the probate court to vacate its May 10, 2022 Order Appointing Guardian ad Litem and its June 10, 2022 combined Order Denying the Motion to Set Aside Order Appointing Guardian ad Litem and Amended Order Appointing Guardian ad Litem and Expanding Powers. Before the Court is also relator’s Motion to Consolidate Petition for Writ of Mandamus with Related Appeal (Motion to Consolidate). Entitlement to mandamus relief requires relator to show that the trial court clearly abused its discretion and that relator lacks an adequate appellate remedy. In re Prudential Ins. Co. of Am., 148 S.W.3d 124, 135–36 (Tex. 2004) (orig. proceeding). After reviewing relator’s petition and record, we conclude that relator has failed to demonstrate a clear abuse of discretion. Accordingly, we deny the petition for writ of mandamus. See TEX. R. APP. P. 52.8(a). We also deny the Motion to Consolidate as moot. /Dennise Garcia/ DENNISE GARCIA JUSTICE 220645F.P05 –2–

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